The Savannah Morning News reports here that Sgt. Joseph Bozicevich’s defense counsel, Charlie Gittins argued motions today asking for additional peremptory challenges to counter the imbalance that CA member selection puts on the process and for dismissal of the capital charges based on errors in the preferral/referral process. The next hearing is scheduled for Jul. 8. On the preferral/referral issue, the report states:
Attorneys for a 3rd Infantry Division soldier accused of shooting two non-commissioned officers while all three men were deployed to Iraq in 2008 are asking a military judge to drop capital charges in a pending court-martial.
They claim two aggravating circumstances surrounding the incident were not properly listed on the suspect’s initial charge sheet.
I can only speculate that the error is of a Ring v. Arizona -like dimension as was raised in US v. Wade Walker(Issue XXXIX). Knowing the guy who drafted that issue, I hope Mr. Gittins or other observers would forward any briefs or decisions on the issue to me at email@example.com so that I can send it along to him.